A K KAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were employed as Deputy Central Intelligence officers in the Intelligence Bureau in the Ministry of Home Affairs of the Government of India. On July 23, 1979, the employees of the Intelligence Bureau formed an Association called "the Intelligence Bureau Employees Association" (IBEA) for the purpose of ventilating their grievances. Appellants, A.K. Kaul and Verghese Joseph, were elected as the General Secretaries of IBEA and appellant, B.B. Raval, was elected as the President. On May 3, 1980, the Joint Director of the Intelligence Bureau issued a Circular Memorandum declaring that the formation of the IBEA was in violation of the Civil Services (Conduct) Rules and that those who take part in the activities of the IBEA will attract disciplinary action. Writ Petitions (Civil) Nos. 1117-1119 were filed in this Court challenging the said circular. This Court, on July 21, 1980, issued an order for issue of rule nisi on the said writ petitions and also passed an interim order directing that during the pendency of the writ petitions in this Court no disciplinary action shall be taken against any member of the IBEA for reasons mentioned in the circular. On December 26, 1980, orders were passed dismissing the appellants from service. One such order regarding the dismissal of appellant. A.K. Kaul, is in the following terms :

(3.) Before the Tribunal the case put forward by the appellants was that they have been picked and chosen for punitive action for dismissal from service for the reason that they were important members of the IBEA, being office bearers as General Secretaries and the President, and that the real motive to pass the orders of dismissal was to penalise them for the active part they had taken in ventilating the grievances of the employees through the IBEA. The appellants also pleaded that they had an excellent record of service and that they had not conducted themselves in such a manner as to warrant their dismissal from service. It was submitted that they were recipients of commendation certificates, appreciation letters and cash awards from time to time. It was also stated in the applications that they had not acted contrary to the interest of national security at any time. The said applications were contested by the respondents who pleaded that the orders of dismissal had been passed by the President on being satisfied on the basis of the material available that the activities of the appellants were such as to warrant their dismissal from service by dispensing with the requirements of Article 311(2) of the Constitution in the interest of security of the State. It was also pleaded on behalf of the respondents that the details of the material on the basis of which the satisfaction had been reached cannot be disclosed without detriment to public interest. It was denied that the authorities of the Intelligence Bureau have a hostile attitude towards IBEA and it was stated that punitive action was taken on merits of each case and not because of the participation of the appellants in the activities of the IBEA. During the pendency of the applications before the Tribunal the appellants moved Misc. petitions Nos. 1897/92 in T.A.Nos. 1 and 2/92 and Miscellaneous Petition No. 732/92 in T.A. No. 3/92 whereby they prayed for directions to the respondents to produce the records specified in the said applications for inspection by the Tribunal and/or by the appellants and their counsel. The said applications were opposed by the respondents who claimed privilege invoking Article 74(2) of the Constitution and Sections 123 and 124 of the Evidence Act and for that purpose affidavit of Dr. Madhav Godbole, Secretary to the Government of India, Ministry of Home Affairs, New Delhi (the Head of the Department) was filed before the Tribunal. Without prejudice to the said claim of privilege, the respondents had, however, stated that they had no objection whatsoever to the said documents relating to the dismissal of the appellants and those portions of documents that relate to the said dismissal orders being produced for perusal of the Tribunal in order to satisfy it that the claim of privilege against disclosure of the said official records is bona fide and genuine.